“TOP TEN”ENVIRONMENTAL CASES OF

2014/15

JONATHAN DARBY

AARHUS/COSTS

• Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012– Private nuisance actions in principle capable of constituting

procedures which fall within scope of Aarhus Convention, article 9(3).

– If Convention applies and a claimant seeks a PCO, the requirement in article 9(4) of the Convention that the proceedings should not be prohibitively expensive is no more than a factor to be taken into account.

AARHUS/COSTS

• Secretary of State for Communities and Local Government v Venn [2014] EWCA Civ 1539– Application of PCO regime to statutory applications under

section 288– CPR 45.41 not compliant with the Aarhus Convention insofar as

it is confined to applications for judicial review, and excludes

(environmental) statutory appeals and applications.

EIA/SEA

• R (Buckinghamshire County Council) v Secretary of State for Transport [2014] 1 WLR 324– Exemption from scheme of EIA Directive– Interpretation of “plan or programme” in the context of SEA

• R (HS2 Action Alliance Ltd & LB Hillingdon) v Secretary of State for Transport [2014] EWHC 2759 (Admin) and [2014] EWCA Civ 1578– Safeguarding directions and HS2

NUISANCE/WASTE

• Coventry and others v Lawrence [2014] UKSC 13– Revolution in the law of private nuisance

• Manchester Ship Canal Company Ltd v United Utilities Water plc [2014] UKSC 40– Water Industry Act 1991– No implied right of discharge from outfalls created after 1991

• Northumbrian Water Ltd v Sir Robert McAlpine Ltd [2014] Env LR 28– Review of authorities on relationship between the law of

nuisance and the rule in Rylands v Fletcher

CONSERVATION, WILD BIRDS AND HABITATS

• R (Badger Trust) v Secretary of State for Environment [2014] EWHC 2909– Challenge to badger cull– Survey of the law on substantive legitimate expectation

• RSPB v Secretary of State for Environment [2014] EWHC 1645– Wild Birds Directive– Habitats Directive

FRACKING

• R (on the application of Frack Free Balcombe Residents Association) v West Sussex CC [2014] EWHC 4108 (Admin) – Application for judicial review– Relevance of statutory authorisations

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